Sherwin-Williams Class Action Says Deck Stain Prone to Peeling

Sherwin-Williams deck stain prematurely peels and deteriorates, according to a class action lawsuit.

Lead plaintiffs, Eric Rusnock, Andrew Nye, and Rose Nye, allege in their class action lawsuit that they purchased and used various types of Sherwin-Williams deck stain under the Duckback and SuperDeck brand.

They say that they purchased Sherwin-Williams deck stain to protect their exterior surfaces, but the resulting product peeled far sooner than expected.

According to the Sherwin-Williams class action, Sherwin-Williams markets Duckback as “premium, high quality coatings that protect outdoor living spaces from the harsh conditions of ultraviolet rays.”

The plaintiffs say that they were willing to pay a premium for Duckback and SuperDeck stain products because of advertising claims of superior technology and durability.

“The Products do not perform as advertised, and Defendants’ claims concerning Products’ quality, longevity, and durability are false, deceptive, and misleading,” alleges the Sherwin-Williams class action lawsuit. “Customers, including Plaintiffs and the proposed Class, who have purchased or used the Products have found that the Products do not live up to Defendants’ claims concerning quality, longevity, and durability.”

The Sherwin-Williams class action claims there are numerous negative reviews written about Duckback and SuperDeck products online.

“Despite Defendants’ claims to the contrary, the Products routinely crack, chip, peel, mold, discolor, bubble, and otherwise fail within a short amount of time after applying according to the label’s instructions,” contends the Sherwin-Williams class action lawsuit. “The failures occur sooner than the multiple-year timeframe that Defendants claim the Products should last.”

The problem, claim the plaintiffs, is that the Duckback and SuperDeck products are “film forming” rather than penetrating. Decks and other outdoor surfaces are subject to year-round exposure to weather. Stains applied to outdoor surfaces need to be finished with penetrating substances, notes the complaint citing expert opinions.

“Applying a film-forming coating to a damaged deck or when refinishing a deck requires ‘extensive surface preparation,’” notes the Sherwin-Williams class action lawsuit. “Before refinishing a wood deck with a film-forming coating, one should ‘sand areas of exposed wood with 50- to 80-grit sandpaper to remove the weathered surface and to feather the abrupt paint edge.’”

Sherwin-Williams, however, failed to provide appropriate directions for consumers applying a film-forming coating. The plaintiffs say that they and other consumers were not instructed to sand their surfaces first, leading to premature peeling of the stain.

“Defendants knew or should have known of the Products’ defects and inability to meet Defendants’ claims prior to placing the products in the stream of commerce because it is common knowledge in the industry that coatings that are easily susceptible to cracking and peeling in a short period of time are not suitable for decking and could not have lived up to Defendants’ claims,” states the Sherwin-Williams class action lawsuit.

The plaintiffs seek to represent a nationwide Class of consumers who purchased SuperDeck products, along with a Pennsylvania subclass.

The Sherwin-Williams class action lawsuit is seeking restitution, along with economic and compensatory damages.

The plaintiffs are represented by Andrew Baker of The Baker Law Group, Charles E. Shaffer and Nicholas J. Elia of Levin Sedran & Berman LLP, and D. Aaron Rihn of Robert Pierce & Associates.

The Sherwin-Williams Deck Stain Class Action Lawsuit is Rusnock, et al. v. The Sherwin-Williams Company, et al., Case No. 1:19-cv-00908-DAP, in the U.S. District Court for the Northern District of Ohio.

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